In London, Ontario, pedestrian accident lawsuits operate under a “reverse onus.” This means the driver is presumed legally at fault by default. It is entirely up to the driver and their insurance company to prove they acted perfectly to avoid hitting you, making it significantly easier for injured pedestrians to secure compensation.
London is an incredibly walkable city, from the busy pathways near Fanshawe College to the bustling intersections of the downtown core. However, pedestrians remain the most vulnerable road users. When a massive motor vehicle strikes a person, the physical and financial devastation is immense.
Understanding your rights is crucial. Ontario’s Highway Traffic Act actively protects pedestrians through a unique legal principle called the “reverse onus.” Partnering with a skilled local law firm allows you to leverage this law, ensuring the insurance company takes your claim seriously and fully compensates your recovery. 👨⚕️
Step-by-Step Process in London, Ontario
Taking the correct steps immediately following a crosswalk collision is vital, as the driver’s insurance company will immediately start looking for reasons to blame you for the crash.
Step 1: Involve the London Police Service
Never let the driver leave the scene with just a handshake or an apology. Call 911 immediately. The London Police Service must investigate the scene, measure skid marks, and interview witnesses to document exactly where the impact occurred within the crosswalk.
Step 2: Obtain Immediate Medical Care
Even if you feel okay, adrenaline masks severe injuries like concussions or internal bleeding. Go to the emergency room at Victoria Hospital or University Hospital right away. The medical records from your ER visit are foundational to proving the severity of your injuries in court. 🏥
Step 3: Access Accident Benefits (SABS)
You do not have to wait for the lawsuit to finish to get medical treatment. You can immediately claim Statutory Accident Benefits (SABS). If you have your own auto insurance, you claim it there. If you don’t drive, you claim SABS against the insurance policy of the driver who hit you.
Step 4: Understand the Reverse Onus Principle
Your lawyer will outline the reverse onus under Section 193 of the Highway Traffic Act. In court, you do not have to prove the driver was negligent; the driver must prove they were not negligent. This flips the standard legal script and heavily pressures the insurer to settle.
Step 5: File a Statement of Claim
If the injuries are serious and permanent, your law firm will file a civil lawsuit at the Superior Court of Justice on Queens Avenue. They will demand damages for your pain and suffering, lost income, and future medical care costs.
How Much Does it Cost in London?
Pursuing justice as an injured pedestrian does not require you to empty your savings account.
- Contingency Agreements: Most London lawyers charge a contingency fee of 30% of the final settlement. If they don’t win, you don’t pay.
- Court Fees: The standard filing fee to start a lawsuit at the Superior Court of Justice is $339 CAD.
- Settlement Value: Pedestrian injuries are often severe. Settlements frequently exceed $100,000 CAD, depending on the loss of mobility and the impact on your ability to work.
| Type of Compensation | What It Covers |
|---|---|
| General Damages | Pain, suffering, and loss of enjoyment of life. |
| Special Damages | Out-of-pocket expenses, prescription costs, and torn clothing. |
| Income Loss | Wages lost while recovering, and future loss of earning capacity. |
| Future Care Costs | Long-term rehabilitation, home modifications, and mobility aids. |
How Long Does the Process Take?
Accessing your immediate no-fault SABS benefits typically takes 30 to 60 days. However, resolving a full civil lawsuit against the driver for pain and suffering generally takes 2 to 4 years. Insurers often delay negotiations hoping you will accept a lower offer out of financial desperation.
Frequently Asked Questions (FAQ)
What if I was jaywalking?
Even if you were not in a designated crosswalk, the reverse onus still applies. The driver must still prove they could not avoid hitting you. However, the court may apply ‘contributory negligence,’ which could reduce your final compensation by a certain percentage.
What happens in a hit-and-run pedestrian accident?
If the driver flees and cannot be identified, you are still protected. You can claim compensation through your own auto insurance (under uninsured motorist coverage) or apply to the provincial Motor Vehicle Accident Claims Fund (MVACF).
Can a summary conviction against the driver help my case?
Yes. If the driver is convicted of a summary conviction offence (like careless driving) or an indictable offence (like dangerous driving), that conviction is powerful evidence in your civil lawsuit, effectively destroying their defence.
Does my own auto insurance go up if I claim SABS as a pedestrian?
No. Claiming Statutory Accident Benefits through your own insurance policy for a pedestrian accident where you were not driving will not increase your monthly auto insurance premiums.
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